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Viche 2009 №24

№24, 2009

Operating Procedure of the Verkhovna Rad of Ukraine: Constitutional Aspect

The questions of the judicial power of the operating procedures and the forms of their legislative recognition in the practice of different countries and their place in legal source system have become the objects of scientific researches for several times, and as a rule, in cases when the procedural constituent of the constitutional law was examined. According to widely recognized fact procedural standards above all have procedural character whereas they contain the standards of both material and procedural laws. The author of the first manual on the procedural rules of the USA Congress Thomas Jefferson considered the most important factor is the existence of rules which can be controlled, but not their essence, because the existence of rules is necessary for the alignment of the working process (33). In such way he emphasized on the operating procedure as on the restrictive mechanism and warned about procedure neglect and deviation from it.

In the Parliament procedure rules fulfill classic functions peculiar exactly to operating procedures. The mentioned functions include the following: provision and guarantee of the Parliament work; provision of the legal status of the accepted decisions and of the power distribution principle; prevention of the conflicts and contribution to the achievement of consensuses in cases of disputable questions; establishment of the representative link with voters; establishment of the proper duty distribution system and of the realization of the rights of majority and the protection of the rights of minority (coalition and opposition) (20) etc. E. Rakhimkulov underlines the following important functions of the operating procedure: formal and legal one which provides smooth working process of the Parliament; additional one – gives opportunity to the parliamentarians to do their work effectively through directing conflict demonstrations in particular defined frames; legalizing one – provides procedural frames for the adoption of decrees, which give legality to this institution (24). Consequently, the operating procedure, which is agreed, supported and accepted by the majority of the Parliament, fulfills also the functions of provision of effectiveness and productivity of the parliament process, and accordingly, it has to secure the order and stability of the work of the Parliament.

Mariya Markush